N.Y. Education Law § 6218: Contracts and purchases

§ 6218. Contracts and purchases. a. Notwithstanding the provisions of

subdivision two of section one hundred twelve and sections one hundred

fifteen, one hundred sixty-one and one hundred sixty-three of the state

finance law and section three of the New York state printing and public

documents law or any other law to the contrary, the city university

trustees are authorized and empowered to:

(i) purchase materials; proprietary electronic information resources,

including, but not limited to, academic, professional and industry

journals, reference handbooks and manuals, research tracking tools,

indexes and abstracts; and equipment and supplies, including computer

equipment and motor vehicles, where the amount for a single purchase

does not exceed one hundred fifty thousand dollars, (ii) execute

contracts for services and construction contracts to an amount not

exceeding one hundred fifty thousand dollars, and (iii) contract for

printing to an amount not exceeding one hundred fifty thousand dollars,

without prior approval by any other state officer or agency, but subject

to rules and regulations of the state comptroller not otherwise

inconsistent with the provisions of this section and in accordance with

the guidelines promulgated by the city university board of trustees

after consultation with the state comptroller. In addition, the trustees

are authorized to annually negotiate with the state comptroller

increases in the aforementioned dollar limits and the exemption of any

articles, categories of articles, services, or commodities from these

limits. Guidelines promulgated by the city university board of trustees

shall, to the extent practicable, require that competitive proposals be

solicited for purchases, and shall include requirements that purchases

and contracts authorized under this section be at the lowest available

price.

b. Except as hereinafter provided, no contract for work or labor or

the purchase of supplies, material, or equipment or for the construction

or the alteration of any building or facility involving an expenditure

or liability of more than twenty thousand dollars shall be entered into

by the board of trustees, unless said board of trustees shall have duly

advertised for bids for the same for a period of not less than five days

under regulations to be approved by the board of trustees and the

contract in each case shall be awarded to the lowest responsible bidder

furnishing the security as required by the board of trustees. If two or

more bids are tied, and are the lowest bids submitted by responsible

bidders furnishing the security as required by the board, the board of

trustees may award the contract to any of said tied bidders.

c. If the several parts of the work or labor to be done and/or the

supplies, materials or equipment to be furnished shall together involve

an expenditure of not more than twenty thousand dollars, the same may be

procured on an order awarded to the lowest responsible bidder upon bids

submitted without public advertisement under such regulations as shall

be made by the board of trustees. Purchases of five thousand dollars or

less may be made without competition.

d. The board of trustees, if it shall deem it in the public interest,

may reject all bids.

e. Upon the adoption of a resolution by a vote of at least two-thirds

of the members of the board of trustees by vote at a meeting, stating

that, for reasons of efficiency or economy, there is need for

standardization, purchase contracts for a particular type or kind of

equipment, materials, or supplies of more than twenty thousand dollars

may be awarded to the lowest responsible bidder furnishing the required

security after advertisement for bids in the manner provided in this

section. Such resolution shall contain a full explanation of the reasons

for its adoption. Purchase contracts for a particular type or kind of

equipment, materials or supplies of not more than twenty thousand

dollars may be awarded to the lowest responsible bidder upon bids

submitted without public advertisement under such regulations as shall

be made by the board of trustees.

f. Surplus or second-hand supplies, materials or equipment may be

purchased without competitive bidding from the federal government, the

state of New York or from any political subdivision of the state.

g. The board of trustees is authorized to establish cash advance

accounts for the purpose of purchasing materials, supplies, or services,

for cash advances for travel expenses and per diem allowances, or for

advance payment of wages and salary. The account may be used to purchase

such materials, supplies, or services where the amount of a single

purchase does not exceed two hundred fifty dollars in accordance with

such guidelines as shall be prescribed by the city university trustees

after consultation with the state comptroller.

h. Notwithstanding any of the provisions of this section, the board of

trustees may make purchases, when available, through the state of New

York, the city of New York, the federal government or the board of

education of the city of New York, provided that the board of trustees

shall accept sole responsibility for any payment due the vendor.